Maharashtra State Road Transport Corporation and Another vs Natthu Raghodeo Pancham and Another

Gilani M.N., J.—The judgment and award dated 31/10/2002 passed by the Motor Accident Claims Tribunal, Nagpur is challenged in this first appeal. One Vinod aged about 22 years, while traveling in city bus on 9.9.1993 fell down and as a result of injuries sustained by him, he died. His parents lodged claim for award of compensation of Rs. 5,00,000/-. The learned Tribunal considering the age, income etc. of the deceased awarded compensation of Rs. 2,84,136/- inclusive of no-fault liability claim. Aggrieved with this judgment and award the appellant-Maharashtra State Road Transport Corporation has filed this appeal.

Mr. Charpe, learned Counsel appearing for the appellant contended that the Tribunal committed an error while assuming the loss of dependency and also wrongly applied the multiplier of 17.

Mr. Pophaly, learned Counsel appearing for the respondents, supported the judgment and award.

The point that arises for my consideration is:

Whether the learned Tribunal has correctly worked out the figure of loss of dependency and whether multiplier - 17 is applicable in the present case?

It seems that the learned Tribunal was justified in assuming the monthly income of the deceased at Rs. 2,000/- p.m. despite the fact that it was stated by the father of the deceased that the deceased was earning Rs. 1800/- per month. The deceased was unmarried. In that view of the matter, the deduction towards his personal and living expenses ought to have been 50% and not 1/3rd. As regards application of proper multiplier the Tribunal was right in applying the multiplier of 17. Hence the compensation which can be worked will be thus: Rs. 24,000/- annual income. 50% deduction i.e. Rs. 12,000/-. The loss of dependency Rs. 12,000/- X 17 = 2,04,000/-. Considering the fact that parents lost their young son aged about 23 years, it will be appropriate to add Rs. 25,000/- towards loss of love and affection & loss of estate. Rs. 5,000/- towards funeral expenses. Therefore, reducing Rs. 25,000/- towards no-fault liability, the total comes to Rs. 2,09,000/-. In the result, the appeal succeeds partly. The judgment and award passed by the Tribunal is modified. The claimants shall be held entitled to claim compensation of Rs. 2,09,000/- with interest @ 9% p.a. From the date of filing of the appeal till its realisation. There shall be no order as to costs.